예탁금제 골프회원권의 법적 성격과 컨트리클럽의 단체법적용 가능성

Abstract

This study examined the legal nature and a transfer of golf membership and the applicability of the simplex method to country clubs at their legal status. A majority of golf clubs in Korea are managed as a deposit-type and the general problems related to the membership status are also focused on the ones arisen during an application or a transfer of the ‘deposit-type membership’ in accordance with the regulations of golf clubs. Therefore, the legal problems that incurred in relation to the golf regulations of the members are discussed within the boundary of the matters of the deposit-type members. First of all, a deposit-type golf membership is a right for a business operator, and its legal nature is 채권적 권리. Regarding whether or not the transfer shall be admitted without an approval of the board of directors or since when the transfer of a membership can fight against the company and a third person, although the transfer of a membership is allowed freely and takes effect immediately at the time of transferring a deposit-type golf membership, it is considered that the transfer announcement should follow a certificate with a fixed date, especially, in order to fight against a third person beside the company. As it is impossible for country clubs to become an independent legal subject as a corporate body instead of corporate judicial an application of the simplex method should be excluded. After all, it is interpreted that the general legal relations surrounding the membership should be identified as the relations between the golf company and the members, which can be solved pursuant to the Regulation of Standardized Contracts Act.